In R (Whitley Parish Council) v North Yorkshire County Council (2023) EWCA Civ 92 the Court of Appeal restates some basic propositions bearing on the determination of an application for planning permission under the statutory scheme.
- Albeit priority must be given to the Development Plan, that priority may be outweighed by national planning policy, which may make some provisions of the Plan outdated.
- The function of the Planning Officer is not to decide the fate of the proposal, but to provide advice.
- The Court’s supervisory jurisdiction is to establish whether the authority’s decision-making has been vitiated by any error of law.
The Court also restated basic principles that govern the taking of a decision by a Pling Committee.